my country’s Maritime bet365 promo codes came into effect on July 1, 1993,Adjusting maritime transportation relations and ship relations、Protecting the rights and interests of the parties、Plays an important role in promoting the development of shipping trade。But with the diversification of ship types、Electronic transport documents、Complicated shipping operations,And the surge in demand for intermodal transportation of goods,The traditional game of interests between shipping and cargo parties has changed;And the international conventions and international practices followed by the Maritime bet365 promo codes have undergone major changes,Domestic civil and commercial legislation is also constantly updated,In particular, the promulgation of the Civil Code has created a certain institutional gap between the Maritime bet365 promo codes and the existing civil and commercial bet365 promo codes system。Based on the fact that the existing maritime bet365 promo codes system cannot meet the needs of maritime adjudication,To diversify the development of maritime transportation,Promote the modernization of the maritime governance system under the strategy of maritime power,Revision of the Maritime bet365 promo codes has been put on the agenda。Under revision,Facing the very important "four major relationships" issues。
The relationship between selfhood and integrity
Maritime bet365 promo codes with merchant customary bet365 promo codes as its historical origin,Inheriting Lot's method and forming a self-contained normative system,The legal field called "self-equality"。my country’s Maritime bet365 promo codes has the most provisions among laws promulgated at the same time,Known as the "Maritime Code",In terms of canonical form,Except maritime contract、Marine infringement、Substantive bet365 promo codes of risk sharing, etc.、Outside of private bet365 promo codes,Also involves jurisdiction、Conflict rules、Ship Nationality and Other Procedural bet365 promo codes、Public bet365 promo codes Norms,It is a synthesis of legal norms。The self-property of maritime bet365 promo codes,Exhibited as external independence and internal comprehensiveness,The essence is the status and attribution of the relatively special legal system of maritime bet365 promo codes in the legal system。But,The self-identity of maritime bet365 promo codes is just a phased phenomenon in the historical evolution,Maritime bet365 promo codes does not have the status and ability to be independent from the civil and commercial bet365 promo codes system。Although when the Maritime bet365 promo codes was promulgated,Our country is still in the early stages of legal construction,The civil and commercial bet365 promo codes system is not yet complete,Therefore, some content that should be adjusted by the general civil and commercial bet365 promo codes has been blurred;But maritime bet365 promo codes has always had the attributes of private bet365 promo codes,Most of the adjustment objects fall within the scope of adjustments in civil and commercial bet365 promo codes,The concepts of private bet365 promo codes autonomy and mandatory norms reflect the inherent connection with civil and commercial bet365 promo codes。Most of the provisions of my country’s Maritime bet365 promo codes are provisions on civil rights and obligations,Special laws that generally belong to civil bet365 promo codes,Therefore, the revision should be coordinated with the Civil Code and other civil and commercial bet365 promo codes regulations。
The self-property of maritime bet365 promo codes has not reached the level of self-sufficiency,Not an outlier in civil and commercial bet365 promo codes,Basic theory of civil and commercial bet365 promo codes、The basic principles and even the spirit are interoperable。Long time,Overemphasis on the self-property of maritime bet365 promo codes,leading to the lack of substantial theoretical support,Fell into the misunderstanding of being problem-centered,Unable to establish a unified concept and paradigm。The revision of the Maritime bet365 promo codes is not just for the improvement of its own system,This is a good opportunity to reorganize the relationship between maritime bet365 promo codes and civil and commercial bet365 promo codes。Therefore, we should be guided by the legislative concept of civil and commercial bet365 promo codes,Learn from the latest legislative achievements in civil and commercial bet365 promo codes,Form conceptual coordination within the civil and commercial bet365 promo codes system、Self-consistent logic、An organic legal whole with a harmonious system。Under the premise of maintaining the unity of the system,The particularity rather than the independence of maritime bet365 promo codes should be respected,Clear the rights and obligations of maritime entities,Reasonably construct the basis for maritime liability,Improving the maritime risk sharing mechanism,Maintain shipping order,Protect the marine ecological environment。At the same time,System positioning affects the system structure adopted in the revision of the Maritime bet365 promo codes,Some systems unique to maritime bet365 promo codes such as maritime rescue should be recognized、General average, etc. cannot be fully integrated into the theoretical framework of civil and commercial bet365 promo codes,The similar systems of maritime bet365 promo codes and civil and commercial bet365 promo codes are not simple correspondences,But maritime bet365 promo codes is not a combination of several special rules,Its specificity is not enough to support and seek general provisions of maritime bet365 promo codes。For duplication with general provisions of the Civil Code、Differences and even conflicts,It is necessary to exercise prudent judgment when revising,Neither can restrict the development and progress of maritime bet365 promo codes,It cannot over-expand its self-property,Should be scientifically connected with the civil and commercial bet365 promo codes system,And affirm the special legislative value and normative system of maritime bet365 promo codes。
The relationship between the “three-track bet365 promo codes” and unified legislation
Current water transportation,Implement ocean-going policies based on different liability principles、Coastal、Inland River "Three Tracks" Legislative Mechanism,That is, the Maritime bet365 promo codes regulates international cargo transportation relations,Coastal and inland waterway transportation are merged into domestic waterway transportation and separately stipulated,Both are free in contract、Subject status、Principle of Responsibility、Delayed delivery、Carrier is exempt from liability、Goods lien、General average、Liability limitations and other aspects are different。The “three-track system” when the Maritime bet365 promo codes was formulated has certain historical rationality,But with the international and domestic shipping practices、National Shipping Policy、Changes and developments in international and domestic transportation legislation,The "three-track system" can no longer meet the needs of shipping economic development,There are high calls for unified legislation on cargo transportation。This is under revision of the Maritime bet365 promo codes,"Whether the scope of application is extended to inland water transport" has become the focus of discussion。
Article 2 of the current Maritime bet365 promo codes clearly stipulates the adjustment between the sea and the river、Direct transportation between rivers and seas,It can be seen that at the beginning of the legislation, it reserved room for adjustment in the inland water transport relationship。At the same time,As maritime risks decrease、Development of insurance industry、The increase in multimodal transport,A variety of transportation modes are more connected,The unity of the water transport system is increasing。The origin of transportation bet365 promo codes is maritime bet365 promo codes,The systems of various modes of transportation are “similarity over differences”,The interests among various transportation departments can also be reconciled under a unified paradigm;And from the perspective of global maritime legislation practice,Unification of water transport laws is becoming mainstream。Therefore, the Maritime bet365 promo codes is being revised,We should fully consider the reality of my country as a “big river transport country” and the development of the three major water systems,Guarantee a fair market competition environment,Regulating inland shipping behavior,Taking into account the interests and demands of all parties,Really expand the scope of application of “navigable waters connected to the sea”;The essential difference between inland water transport and sea transport should be explored,Study the rational basis for dividing the applicable scope by ship type and transportation section,And solve the coastal problem、Systematic issues after inland water transport is incorporated into the Maritime bet365 promo codes—whether it is partially applicable to the contract of carriage or all maritime legal systems are applicable。It is recommended to implement "grand unification、Legislative model of “small differences”,For a contract of carriage (carrier、Actual carrier、Shipper’s Obligations、Consignee’s rights、Liability, etc.)、Nature of goods、Transportation Document、Ship navigation (shipwreck、General loss、Detour, etc.) problem,Based on unified rules;In ship’s seaworthiness、Liability limits, etc.,Make appropriate distinctions,Establishing international cargo transportation、The "dual-track" system of coastal cargo transportation and inland waterway cargo transportation。
The relationship between the balance of interests and the needs of our country’s bet365 promo codes
The beginning of maritime bet365 promo codes,The focus of its system is mostly on protecting the ship’s interests。Nowadays, the interest relationship between shipping and cargo parties has changed: from trade、Analysis of the relationship between shipping industries,The interests of the two wax and wane,And reflected as a game relationship;Common development from the international community、Analysis from a win-win perspective for both shipping and cargo parties,The two are seeking a new balance point in the game,Achieve mutual benefit and win-win results through appropriate compromise、Promote positive interactions among industries。There is a high degree of overlap between trading countries and shipping countries in the 21st century,There are almost no pure shipping countries or cargo-owning countries in modern mature economies,The "Rotterdam Rules" are no longer a game between shipping countries and trading countries,But seek common development、Taking into consideration the interests of all parties、A rule system that reflects the balance of interests。Modern maritime bet365 promo codes has surpassed the single goal of early maritime bet365 promo codes to regulate shipping practices,While promoting and ensuring the development of shipping and trade,Better integration and realization of the fair value of the bet365 promo codes,It has become the original intention and mission of maritime bet365 promo codes legislation。
Our country is both a big trading country and a big shipping country,So the issue of balance of interests in the revision of the Maritime bet365 promo codes,Needs to be linked to my country’s institutional needs to promote trade development and maritime transport development。The current "Maritime bet365 promo codes" combines the "Hague Rules" and the "Hamburg Rules",Properly balances the interests of shippers and carriers,But the balance of interests in the new era involves not only shippers、Both carriers,The ship should be balanced、Seller、Insurer、Interests of banks and other parties。The Rotterdam Rules break carriers、Shipper’s traditional distribution of rights and obligations,Establishing a balance of interests between "sea transport + multimodal transport" and trade,Worth learning and reference。The revision of the Maritime bet365 promo codes will help promote my country’s shipbuilding、Port、Prosperity of land transportation and other industries,For my country’s transformation from a large trading country to a powerful trading country、Playing an escort role in moving from a large maritime country to a powerful maritime country。Therefore, the revision of the Maritime bet365 promo codes should be based on our country’s institutional needs: on the one hand,Learn from and absorb the reasonable and mature provisions in the "Rotterdam Rules" such as the carrier's liability period、Maritime performing party, etc.,Exploring controversial volume contracts、The impact of regulations such as releasing goods without a bill of lading on the shipping and trading industries,To enhance the scientific nature of the maritime bet365 promo codes system;On the other hand,Legislation should reflect the essence of maritime bet365 promo codes reflected in the principle of balancing interests of ships and cargo、Fundamental values and guiding ideology,By balancing the interests of trading parties and shipping parties,Especially the interests of the international trade industry and the interests of the shipping industry,Maintain the overall economic interests of the country。Specifically,There are measures in the following four aspects。
First,Principle of carrier liability、Limit of Liability、Disclaimer and legal liability for delayed delivery、Bill of Lading Rules、Limitation of action、The relationship between negligence and general average、On the issue of risk sharing such as limitation of maritime liability,The value tendency of substantive fairness should be strengthened。Second,Identification in carrier、Actual carrier liability、Legal status of port operators、Allocation of the burden of proof、On issues such as the qualified subject of limitation of maritime liability,We should also consider the inspection of the ship、Interest demands of cargo owners and other stakeholders。Third,Marine risks based on scientific and technological development、Impact on the efficiency and safety of maritime trading activities,For example, the improvement of the safety performance of modern ships has enhanced the ship’s ability to resist risks,Or the openness of electronic bills of lading、Virtuality and other characteristics bring challenges to the security order of the shipping market,Legislation should respond to the convenience and risks brought by new technologies。Fourth,Maritime bet365 promo codes is gradually developing in the direction of private bet365 promo codes, public bet365 promo codes and international unification,We should pay attention to the reasonable construction of the public bet365 promo codes protection system in private bet365 promo codes,Strive to balance the interests of cargo while taking into account the balance of public and private rights。
The relationship between internationalization and localization
Maritime bet365 promo codes reflects a strong trend of international unification in historical changes,This trend means that after countries fully realize their common interests,Make the maritime bet365 promo codes system consistent through mutual concessions and coordination。But too much emphasis is placed on the international uniformity of maritime bet365 promo codes,The localization of the legal system will inevitably be ignored,Thus affecting the autonomy of the country’s legal development,Lack of fair protection of national shipping interests,Difficult to meet the needs of local maritime judicial practice。my country’s current Maritime bet365 promo codes is an example of legal transplantation,A large number of international conventions were introduced when formulating、International practices and other rules considered to represent “common international practice”,But in our country’s local judicial practice, it has shown that it is “acclimated”,There is a mixture of legal transplants、Differences in legal interpretation、Conflicts with endogenous legal resources and other issues,Thus leading to obstacles in the application of justice。In Admiralty Trial,The current Maritime bet365 promo codes shows a situation of being “empty”,There are many "dormant clauses"。This not only reflects the flaws in various systems of the Maritime bet365 promo codes,It also reflects the difference between maritime trial concepts and civil and commercial trial concepts,More about how to free yourself from the history of legal transplantation,Problems of adapting maritime bet365 promo codes to the development of my country’s modern maritime economy。
Therefore,Under revision of the Maritime bet365 promo codes,Attention should be paid to the expression of legislative language,Focus on integration with my country’s original legal concepts,We should not blindly pursue the advancement of the system,Ignoring the incompatibility between foreign rules and our country’s legal system。While continuing to focus on international unity,The ability to adapt to the local environment should be increased。China’s governance of shipping and trade has complexities and particularities that are unmatched by other countries,We should examine the legal path and system construction from the perspective of national interests,Adapt the Maritime bet365 promo codes to meet the needs of China’s shipping economic development and maritime judicial practice。Under the strategy of maritime power,A developed maritime economy is an important support for building a maritime power,Our country is in a critical period of moving from a land power to a sea power,The Maritime bet365 promo codes promotes innovation in the maritime economy and seeks the common development of trade and shipping,Its legislative value is increasingly highlighted。At the same time,Should actively participate in international shipping legislation,Fully express China’s ideas in the formulation of international maritime conventions、Sound the voice of China,Only in order to effectively safeguard the country’s shipping interests。Anyway,The Maritime bet365 promo codes should be revised to meet China’s actual needs in the process of internationalization,Strive to find the best balance point for legal reference,More rationally select and learn from international conventions,Realize the organic combination of internationalization and localization of maritime bet365 promo codes。
(The author is a professor at Xiamen University bet365 promo codes School)
Friendly links:
Website registration number: Beijing Public Network Security No. 11010502030146 Ministry of Industry and Information Technology:
All rights reserved by China Social Sciences Magazine. No reproduction or use without permission is allowed
Chief editor’s email: zzszbj@126.com Contact information of this website: 010-85886809 Address: Floor 11-12, Building 1, No. 15 Guanghua Road, Chaoyang District, Beijing Postal Code: 100026
>